The Rise and Fall of Academic Abstention
As recently as 1979, legal academics Virginia Nordin and Harry Edwards were able to say that “historically American courts have adhered fairly consistently to the doctrine of academic abstention in order to avoid excessive judicial oversight of academic institutions” (Higher Education and the Law). Academic abstention is the doctrine (never formally promulgated) that courts should defer to colleges and universities when it comes to matters like promotions, curricula, admission policies, grading, tenure, etc. The reasoning is that courts lack the competence to monitor academic behavior; they should get out of the way and let the professionals do the job. “Courts are particularly ill-equipped,” Chief Justice Rehnquist declared in 1978, “to evaluate academic performance.” (Board of Curators of the University of Missouri v. Horowitz)
http://fish.blogs.nytimes.com/2009/10/12/the-rise-and-fall-of-academic-abstinence/?apage=4#comments
Comment:
Very delicate issue.Not all educational institutions are paragons of virtue and excellence.Corruption and nepotism is well known at least in India right from pre-school to PhD.
Govt and courts are no better.In India. politics in the guise of reservation for certain group of people has given academic excellence a go by.
Possible solution is committed educationists and academicians must form a panel and monitor educational institutions with out interference from Govt.
Also going to court on the ground of freedom is very unhealthy especially in the field of education for the bond between the teacher and the taught is unique.In Indian tradition, Teacher is venerated more than a father to the student and he takes charge of the students at a very age.That is reason how the great culture of India has been built brick by brick
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